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my failure to validate debt


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I failed to request a debt validation statement from a collection agency within 30 days after getting a written notice and spoke with them about my intentions to pay off the debt. Is there any way I can now challenge the debt validation before they take further action? Today, the collector told me on the phone they are going to sue me.

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Please let me clarify my last post. It is now over thirty days since I received the notice from the collection agency that they are now in charge of collecting. I also had a couple previous phone calls with the agency stating my intentions to pay off the debt. Will sending in a request for a debt violation statement do me any good now as far as keeping them from pursuing any further action?

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Hmmmm??? You actually received the initial letter? Do you remember signing the green card for it? I can't think of a single collection agency that has sent me the initial letter allowing me 30 days. Some of them claimed that they had sent them, but for some reason I just don’t recall ever signing for a letter from a Collection Agency (strange how that happens huh..lol ). Basically, if you didn't sign for it, you didn't receive it! You can dispute the validity of a debt anytime. The 30-day period bars them from proceeding with any further collection activity until they are sure you are the person who owes the alleged debt. If you don't respond, it is assumed that you are indeed that person. I hope this helps.

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Thanks James. However I did verbally reply to a phone call and told them I intended to make payment arrangments which fell through. At that time I tried refinancing my mortgage and would have paid them with the extra cash. Can I still request the collector to send me a debt validation statement and will it do any good as far as temporarily stopping any legal action against me? Thanks.

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<blockquote>Originally posted by James5150

Basically, if you didn't sign for it, you didn't receive it! </blockquote>

This won't hold up in court though- sure you can tell the CA you didn't get it but if it goes to court, it's not a defense. CA's are not required to establishe receipt of letter, just to send it.

But yes, you can demand validation after the 30 days, the FDCPA states that "failure to dispute valididity should not be contstrued by any court as an admission of liability

[Edit by Swede on Thursday, October 31, 2002 @ 05:54 PM]

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  • 2 weeks later...

>>This won't hold up in court though- sure you can tell the CA you didn't get it but if it goes to court, it's not a defense. CA's are not required to establishe receipt of letter, just to send it. <<

Actually it is a very good reason...if it went to court, you could apply to vacate the judgment based on impoper service. The CA IS obligated to prove they sent the letter. This happened to me and I got the judgment vacated pro se.

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<blockquote>Originally posted by jconn40

The CA IS obligated to prove they sent the letter.

</blockquote>

Under what statute? Neither the FDCPA nor case law imposes this on a CA. Nowhere in the FDCPA does it state that CA needs to establish receipt of the letter, only that they need to send it.

This is what Judge Thomson of the Ninth Circuit had to say about it....

Turning to the merits, the first issue we confront is whether a debt collector satisfies 15 U.S.C. S 1692g(a) merely by sending the debtor a Validation of Debt Notice ("Notice").

The Mahons argue there must be proof that the debtor received the Notice. According to the Mahons, section 1692g(a) requires "communication" between a collector and a debtor, and this means that a collector must establish receipt and acknowledgment of a Notice by the debtor.

[4] We hold that section 1692g(a) requires only that a Notice be "sent" by a debt collector. A debt collector need not establish actual receipt by the debtor.

Mahon v. CREDIT BUREAU OF PLACER COUNTY INCORPORATED

[Edit by Swede on Monday, 11, 2002 @ 05:33 PM]

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<blockquote>Originally posted by Swede

<blockquote>Originally posted by jconn40

The CA IS obligated to prove they sent the letter.

</blockquote>

Under what statute? Neither the FDCPA nor case law imposes this on a CA. Nowhere in the FDCPA does it state that CA needs to establish receipt of the letter, only that they need to send it.

This is what Judge Thomson of the Ninth Circuit had to say about it....

Turning to the merits, the first issue we confront is whether a debt collector satisfies 15 U.S.C. S 1692g(a) merely by sending the debtor a Validation of Debt Notice ("Notice").

The Mahons argue there must be proof that the debtor received the Notice. According to the Mahons, section 1692g(a) requires "communication" between a collector and a debtor, and this means that a collector must establish receipt and acknowledgment of a Notice by the debtor.

[4] We hold that section 1692g(a) requires only that a Notice be "sent" by a debt collector. A debt collector need not establish actual receipt by the debtor.

Mahon v. CREDIT BUREAU OF PLACER COUNTY INCORPORATED

[Edit by Swede on Monday, 11, 2002 @ 05:33 PM]

</blockquote>

Ok swede im way out here on this.....

Judge: DC was notice sent?

DC: Yes Your Honor

You: DC, how was notice sent?

DC: US Mail

You: DC, can you provide me with the receipt for the stamp that you placed upon the envelope to prove it was sent?

DC: uhhhhh welllll, uhhhhh, I dont have that informatin with me?

You: then how can you prove it was sent to me?

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[b<blockquote>Originally posted by georgiaboy

<blockquote>

Ok swede im way out here on this.....

Judge: DC was notice sent?

DC: Yes Your Honor

You: DC, how was notice sent?

DC: US Mail

You: DC, can you provide me with the receipt for the stamp that you placed upon the envelope to prove it was sent?

DC: uhhhhh welllll, uhhhhh, I dont have that informatin with me?

You: then how can you prove it was sent to me?

</blockquote>

HAhaha you always are, and the case continues.....

Judge: You mean to tell me you don't send out ALL your business mail CMRRR??

DC: Uhm, no I guess I thought the mailbox rule would apply here....

Judge: Uh uhm yea good point, I guess you did send it afterall- but next time- be sure to keep all of your stamp receipts

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